Madras High Court
P.Balraj vs The Inspector Of Police on 6 August, 2021
Crl.O.P.No.13497 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.13497 of 2021
and
Crl.M.P.No.7417 of 2021
P.Balraj ... Petitioner
Vs.
The Inspector of Police,
R-8 Vadapalani Police Station,
Vadapalani, Chennai – 600 026.
(Crme No.627 of 2021) .... Respondent
PRAYER: The Criminal Original Petition has been filed under Section
482 Cr.P.C. to call for the records relating to the Crime No.627 of 2021
on the file of the Inspector of Police, R8 Police Station, Vadapalani,
Chennai – 600 026 and quash the same.
For Petitioner : Mr.S.Hameed Ismail
For Respondent : Mr.A.Damodaran
Government Advocate (Crl.Side)
1/9
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Crl.O.P.No.13497 of 2021
ORDER
The petitioner Secretary of the Social Club, who is running the
club in the name of “Johnson Cultural Centre” functioning at
No.115/213, Arcot Road, in Vadapalani, has filed this quash petition.
2.The contention of the petitioner is that the club has got a valid
registration till 31.12.2021 and the club is functioning for the past 30
years, in the club, recreation and skill games are conducted such as
Carom, Chess, Gymnastics, Billiards and games of cards like Rummy
and Bridge. The club regularly donating, funds to Chief Minister Relief
Fund, Tsunami Relief Fund and also taking up social causes. Recently,
the club actively involved in conducting Covid-19 camps, providing
food and other help to the persons, who are affected by Covid-19. The
club is frequently raided by the Chennai City Police and foisting false
case. Despite this Court as well as the Apex Court, time and again
reiterated that the game of Rummy is a skill game and it is not a game of
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Crl.O.P.No.13497 of 2021
Chance, in support of his contention, the petitioner had relied upon the
decision of this Court in Crl.O.P.No.11915 of 2017 order dated
20.02.2019 (A.Mahamood and eight others Vs.State by Inspector of
Police, Sevvapet Police Station, Sevvapet, Salem District), wherein, on
similar ground, proceedings initiated against the Club in Salem, quashed,
holding Sections 8 & 9 of the Tamil Nadu Gaming Act would not attract,
referring to Supreme Court judgment State of Andhra Pradesh Vs.
K.Sathyanarayana reported in AIR 1986 SC 825, wherein, relevant
portion is as follows:
“ The game of rummy is not a game
entirely of chance like the three-card game. The
different names such as flush 'brag' etc is a
game of pure chance, rummy on the other hand,
requires certain amount of skill because the fall
of the cards has to be memorized and the
building up of rummy requires considerable skill
in holding and discarding cards. It is mainly
and preponderantly same character as the
chance in a deal at a game of bridge. In fact in
all games in which cards are shuffled and dealt
out, there is an element of chance, because the
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Crl.O.P.No.13497 of 2021
distribution of the cards is not according to any
set pattern but is dependent upon how the cards
find their place in the shuffled pack. From this
alone, it cannot be said that rummy is a game of
chance and there is no skill involved.”
3.Further, he had also relied upon the order of this Court dated
09.01.2020 in W.P.No.29759/2019 (D.Loganathan Vs.The
Commissioner of Police, Greater Chennai, Vepery, Chennai and three
others), wherein, this Court had held that the lawful business of
Recreation and Sports Club can be conducted within the premises and
normally, there would not be any interference by the police so long as the
activities are not in violation of the provisions of any law. Further, the
Recreation Clubs to maintain CCTV cameras at earmarked location and
furnish the footages to the police authorities whenever asked for.
Further, before raiding any recreation facilities, the same would be
recorded in General Diary of the Police Station.
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Crl.O.P.No.13497 of 2021
4.In W.P.No.2045 of 2021 dated 30.04.2021, (S.Baskar Vs. The
Commissioner of Police, Greater Chnnai, Vepery, Chennai), this Court
had specifically directed the Police Authorities not to interfere with the
functioning of the Club unless there is any violation of provisions of
law.
5.He further submitted that the petitioner’s Club had filed a civil
suit in O.S.No.2980 of 2019 and obtained a interim injunction in
I.A.No.2 of 2019 against the police authorities the respondents herein.
The prayer sought for under Order 39 Rule 1 & 2 CPC is that “restraining
the respondents, their officials, men, servants or anybody, claiming
through them from interfering with the functioning of the petitioner's
Club viz., M/s.Johnson Cultural Centre, in Vadapalani by foisting false
cases without enquiry and from seizing money from the pockets of the
members and guests, without due process of law and shall enter with the
Advocate Commissioner any time pending disposal of the above suit.”
Interim order has been granted in his favour.
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Crl.O.P.No.13497 of 2021
6.He further submitted that as per the guidelines issued by State of
Haryana and others Vs. Ch.Bhajan Lal and others reported on 1992
Crl.L.J.527 (1), it is a fit case for quashing, wherein, the case has been
registered for a wrong purpose. He further submitted that as per the
Sections 42 to 48 of the City Police Act. In saving clause Section 49, it
is clearly mentioned that when it is a game of skill, Sections 42 to 48 will
not get attracted. Assailing this point, crime No.627 of 2021 to be
quashed.
7.On the contrary, the Government Advocate (Crl.side) submitted
that in this case, on the information received from the Assistant
Commissioner of police,who found suspicious movements of persons
near the Club, on seeing the Assistant Commissioner, they were
attempting to move away. Thereafter, information was given to Sub
Inspector of Police and Sub Inspector of police informed to the Inspector
of Police, noted in the General Diary and thereafter, with a team, the
police personnel visited the Club premises, on seeing them, the people
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Crl.O.P.No.13497 of 2021
ran in helter-skelter some through exit, most people ran away only 23
persons could be were arrested, from the scene of occurrence, larger
playing cards, round table, cash and other articles were seized, more
particularly, Rs.8,200/- of cash, 5 bundles of playing cards and 52 loose
cards. Since they could give no proper explanation, it was clearly found
that the petitioner were indulging not in the game, it is a Chance is going
on. They were arrested and brought to the police station along with
seizing properties and FIR has been registered. Now the investigation is
almost completed. Charge sheet to be filed within a period of one month
and strongly opposed the petitioner's case.
8.Considering the abovesaid submissions, this Court finds that
even in the FIR, there is specific mention about the seizer of cards and
other articles in the scene of occurrence, arrested 22 persons and
recovery of cash around Rs.8,200/-. Further, there is a specific mention
that on receipt of the secret information, the information has been
recorded in the General Diary and thereafter, the police team proceeded
to the scene of occurrence. The contention of the petitioner that there is
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Crl.O.P.No.13497 of 2021
no entry in the General Diary of the Police Station, this has to be decided
during the trial. In view of the above, this Court is not inclined to
entertain this petition. Further, the specific direction given by this Court
as well as the Apex Court is that the game of cards to be a skill and not a
gambling and no act in violation of law to be carried on. The case has
been registered for violation of law and the petitioner, at this stage,
cannot seek the prayer as sought for. Accordingly, this Criminal Original
petition is dismissed. Consequently, connected miscellaneous petition is
closed.
Index : Yes/No
Internet : Yes/No
sms 06.08.2021
To
1.The Inspector of Police,
R-8 Vadapalani Police Station,
Vadapalani, Chennai – 600 026.
(Crme No.627 of 2021)
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.13497 of 2021
M.NIRMAL KUMAR, J.
sms
Crl.O.P.No.13497 of 2021
and
Crl.M.P.No.7417 of 2021
06.08.2021
https://www.mhc.tn.gov.in/judis/
